This case has been cited 1 times or more.
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2011-07-04 |
DEL CASTILLO, J. |
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| Indeed, appellants' conviction was principally anchored on the testimony of Lester as an eyewitness. Like the courts below, we too find Lester's testimony consistent, credible and trustworthy. We have reviewed his declaration in court as contained in the pertinent transcript of stenographic notes and we discern nothing therein that casts doubt on his credibility. His testimony is clear, positive in its vital points and full of details substantiating the circumstances of how, where and when the offense charged happened including the identity of the knife wielder, Danny. It is most unlikely that he could narrate all the details of the crime with clarity and lucidity unless he was personally present at the situs criminis before and during the incident. The testimony of a witness, giving details of a startling incident that cannot easily be fabricated, deserves credence and full probative weight for it indicates sincerity and truthfulness in the narration of events. [28] Findings of fact of the trial court, particularly when affirmed by the CA, are binding upon this Court. [29] Though there are recognized exceptions to this rule, none is present in this case. We are bound by the trial court's assessment, as affirmed by the appellate court, that the stabbing of Romeo took place in the manner proven by the prosecution, that is, in front of the store of Lester and not elsewhere, at the time the victim was buying cigarette and candies. | |||||